Order 2

Order Details: COPY OF ORDER
Pdf Text: 50 CC NI ACT / 14108/2024
M/S SKYLINE CORE CORPORATION Vs. VIKASH KUMAR
13.05.2025
Present: Sh. Sudhir Kumar, Ld. Counsel for the complainant.
Sh. Shubham Shekhar, Ld. Counsel for proposed accused with proposed
accused.
Vakalatnama is filed on behalf of proposed accused. Taken on record.
It is submitted by proposed accused side that they have not received the copy of
complaint and annexures. Complainant is directed to supply the same to accused side before the
next date of hearing. The same has been supplied today itself.
At request of Ld. Counsel for proposed accused, matter is passed over till 12:30
p.m.
At 1:20 p.m.
Present: Sh. Sudhir Kumar, Ld. Counsel for the complainant.
Sh. Shubham Shekhar, Ld. Counsel for proposed accused with proposed
accused.
Arguments on summoning heard on behalf of both sides.
File perused. All the statutory requirements under NI Act are complied with.
After perusal of the entire record, this court is of the considered opinion that prima facie case
punishable u/s 138 of NI Act is made out against the accused. Cognizance of the same is
taken.
Perusal of case file reveals that cheque in question was presented for
encashment and was returned dishonored vide return memo. Accused has failed to make
payment within the legally prescribed period despite the service of legal demand notice upon
him. The complaint is within the territorial jurisdiction of this court and is within limitation.
Enquiry u/s 202 Cr.PC conducted by scrutinizing documents.
Following the law laid down in A.C. Narayanan Vs. State of Maharashtra &
Anr. (2024) 11 SCC 790, complaint, evidence by way of affidavit and documents considered.
In view of complaint, documents produced and verification in the form of affidavit there are
sufficient grounds for proceeding further against the accused for offence punishable u/s 138 NI
Act.
Since accused has entered appearance in person with Ld. Counsel, issuance
of formal summons is hereby dispensed with.
Offence being bailable, accused is admitted to bail subject to furnishing of
personal bonds in the sum of Rs. 25,000/ with one surety of like amount. At this stage, the
accused seeks some time to furnish surety. Personal bonds furnished considered and accepted
till the next date of hearing.
Accused is directed to appear with surety on NDOH.
Put up for furnishing of surety/ framing of notice on 19.08.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/13.05.2025
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